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SC dismisses ED’s plea towards bail granted to Deshmukh in cash laundering case

4 min read

Express News Service

NEW DELHI: In an enormous aid for former Maharashtra Home Minister Anil Deshmukh, the Supreme Court on Tuesday dismissed the Enforcement Directorate’s plea difficult the bail granted to him by the Bombay HC in a cash laundering case.

A bench of Justices DY Chandrachud and Hima Kohli, of their order, noticed, “since the observations in the impugned order of the High Court are confined to the question of whether the respondent could be granted bail, we clarify that these observations in itself will not affect the merit of the trial or other collateral proceedings. We are not inclined to entertain the SLP (Special Leave Petition) against the bail order.” 

Assailing the HC’s order, Solicitor General Tushar Mehta contended that the decrease courtroom had performed a “mini-trial” and had mentioned proof selectively which resulted in perverse findings. It was additionally his rivalry that the well being grounds on which bail was sought have been way of life illnesses and never hazardous ones. It was additionally his rivalry that the cash which was collected within the type of bribes from bar inns finally went to an organisation of which Deshmukh was the Chairman and that the transaction occurred by means of shell firms. He additionally added that there have been statements of witnesses corroborating these transactions. 

Appearing for Deshmukh, senior advocate Kapil Sibal argued that different co-accused have been on bail and there was no proof on report associated to the hyperlink of cash laundering.

“The trial has to be shown and there is no trial. You just have Waze’s statement who has turned into an approver. Waze is being protected by them to implicate the home minister. The racket was being run by Waze and the commissioner of police,” Sibal added.

While granting him bail, the HC had directed Deshmukh to pay Rs 1 lakh as bail bond. To allow ED to file an enchantment, the bench had nevertheless stayed the implementation of its bail order until October 12. This meant that Deshmukh would proceed to stay in judicial custody in Arthur Road jail since he’s additionally being investigated by the CBI in a corruption case.

HC on October 4 had noticed that “two components of credits” within the account of his household belief weren’t “proceeds of crime”. The bench had additionally thought-about Deshmukh’s age and the truth that he had no prison antecedents. 

On September 26, SC bench led by Justices DY Chandrachud had directed the Bombay HC to think about and get rid of Maharashtra’s former minister Anil Deshmukh’s plea searching for bail in cash laundering case being investigated by the ED. Noting that Deshmukh’s bail utility is listed earlier than Justice NJ Jamadar of the Bombay HC, a SC granted him the freedom to say his utility earlier than a single choose. 

Deshmukh who was arrested in November 2021 by the Enforcement Directorate in a case of cash laundering has been in judicial custody since then.

NEW DELHI: In an enormous aid for former Maharashtra Home Minister Anil Deshmukh, the Supreme Court on Tuesday dismissed the Enforcement Directorate’s plea difficult the bail granted to him by the Bombay HC in a cash laundering case.

A bench of Justices DY Chandrachud and Hima Kohli, of their order, noticed, “since the observations in the impugned order of the High Court are confined to the question of whether the respondent could be granted bail, we clarify that these observations in itself will not affect the merit of the trial or other collateral proceedings. We are not inclined to entertain the SLP (Special Leave Petition) against the bail order.” 

Assailing the HC’s order, Solicitor General Tushar Mehta contended that the decrease courtroom had performed a “mini-trial” and had mentioned proof selectively which resulted in perverse findings. It was additionally his rivalry that the well being grounds on which bail was sought have been way of life illnesses and never hazardous ones. It was additionally his rivalry that the cash which was collected within the type of bribes from bar inns finally went to an organisation of which Deshmukh was the Chairman and that the transaction occurred by means of shell firms. He additionally added that there have been statements of witnesses corroborating these transactions. 

Appearing for Deshmukh, senior advocate Kapil Sibal argued that different co-accused have been on bail and there was no proof on report associated to the hyperlink of cash laundering.

“The trial has to be shown and there is no trial. You just have Waze’s statement who has turned into an approver. Waze is being protected by them to implicate the home minister. The racket was being run by Waze and the commissioner of police,” Sibal added.

While granting him bail, the HC had directed Deshmukh to pay Rs 1 lakh as bail bond. To allow ED to file an enchantment, the bench had nevertheless stayed the implementation of its bail order until October 12. This meant that Deshmukh would proceed to stay in judicial custody in Arthur Road jail since he’s additionally being investigated by the CBI in a corruption case.

HC on October 4 had noticed that “two components of credits” within the account of his household belief weren’t “proceeds of crime”. The bench had additionally thought-about Deshmukh’s age and the truth that he had no prison antecedents. 

On September 26, SC bench led by Justices DY Chandrachud had directed the Bombay HC to think about and get rid of Maharashtra’s former minister Anil Deshmukh’s plea searching for bail in cash laundering case being investigated by the ED. Noting that Deshmukh’s bail utility is listed earlier than Justice NJ Jamadar of the Bombay HC, a SC granted him the freedom to say his utility earlier than a single choose. 

Deshmukh who was arrested in November 2021 by the Enforcement Directorate in a case of cash laundering has been in judicial custody since then.